Abstract

Preparing the ground for peace and reconciliation through mediation is a common practice in international law. The Criminal Justice System uses mediation to resolve the conflict between governments and achieve a criminal justice system, which is far from common formalities in criminal and civil arbitration. Given the inefficiency of international courts and lack of guarantee of performance of the penalties imposed by these courts, alternative solutions such as peace and conciliation and mediation have been proposed to resolve international disputes.
 In jurisprudential terms, numerous verses and narratives about peace, reconciliation and mediation have been provided and this method of conflict resolution has been fully endorsed by the jurisprudents of the Islamic religions.
 The main purpose of this study is to identify the status of mediation in jurisprudential and legal terms as one of the methods of resolving conflicts between governments, whose role in Iran-Saudi Arabia relations will be investigated with respect to the disputes between the two countries, especially in recent years.

Highlights

  • Religious, historical, and cultural commonalities between Iran and Saudi Arabia make it important to examine Iran-Saudi relations since both countries are of particular importance in the Islamic world

  • In addition to the Quranic verses which have put great emphasis on peace and reconciliation, tradition can be named as the second source of extraction of Islamic jurisprudence since the issue of reconciliation and mediation has been addressed many times in narratives provided in this regard, which suggests the high importance of this issue

  • The two countries of Iran and Saudi Arabia, which have many cultural and religious commonalities and both claim the leadership of the world of Islam, should definitely move towards peace and reconciliation and welcome the mediation of third countries, including Iraq and Pakistan, in resolving disputes according to the directives of Islam and the verses of the Holy Quran

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Summary

INTRODUCTION

From Islam’s point of view, peace is the basis of social transactions. So, it is important to turn to the procedures that prevent nations from wars and strife. Alongside Saudi Arabia, which claims to be the leader of the Islamic and Arab world, the Islamic Republic of Iran claims the leadership of the Islamic world and always supports Islamic countries and movements in accordance with its political policies. Religious, historical, and cultural commonalities between Iran and Saudi Arabia make it important to examine Iran-Saudi relations since both countries are of particular importance in the Islamic world The existence of these historical and cultural features and commonalities has led to disagreement in some grounds between the Iranian and Saudi governments and these commonalities are considered as causes of stress

CAUSES OF STRESS
MEANING OF PEACE
JURISPRUDENTIAL PRINCIPLES
TYPES OF MEDIATION IN THE QURAN
TRADITION
CONSENSUS
REASON
10 THE UNITY OF THE ISLAMIC NATION
11 MEDIATION
12 MEANING OF MEDIATION
13 HISTORICAL BACKGROUND OF MEDIATION
14 MEDIATION FEATURES
15 MEDIATOR FEATURES
16 MEDIATION GOALS
17 IMPORTANT PRINCIPLES IN MEDIATION FROM THE ISLAMIC PERSPECTIVE
18 MEDIATION AND THE PRINCIPLE OF NON-INTERVENTION
19 CONCLUSION
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